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ARTICLE · 08 APRIL 2019

Tax On Share Issuances: DCF Valuations Not Be Rejected Ordinarily

Recently, India has witnessed various tax rulings on the valuation of shares issued by a company, specifically DCF valuation.

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  • The tax authorities are entitled to scrutinize the valuation report and determine a fresh valuation either by himself or by calling for a final determination from an independent valuer.
  • However, tax authorities cannot change the method of valuation which has been opted by the tax payer.
  • Higher Discounted Cash Flow valuation based on projected profits in the future, despite being a loss-making entity today, upheld by Delhi ITAT.

Recently, India has witnessed various tax rulings on the valuation of shares issued by a company, specifically DCF valuation. Recently, while the Delhi Bench of the Income Tax Appellate Tribunal upheld a Discounted Cash Flow ("DCF") valuation of a loss making company in the case of India Today Online Pvt. Ltd. v. ITO Ward 12(2) New Delhi1, in TUV Rheinland NIFE Academy Pvt. Ltd. vs. ITO,2 the Bangalore Bench of the Income Tax Appellate Tribunal ("Tribunal") rejected the valuation of shares conducted by the taxpayer as per the DCF

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